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ELEMENTS OE CIVIL GOVERNMENT 


- IN THE 


COMMONWEALTH OF MASSACHUSETTS 


WITH A 


BRIEF OUTLINE OF THE POLITICAL 
HISTORY OF THE STATE 


DESIGNED FOR USE AS A TEXT-BOOK IN PUBLIC AND PRIVATE 
SCHOOLS, AND FOR SUPPLEMENTARY READING 



WILLIAM A. MOWRY, Ph.D. 



SILVER, BURDETT & CO., PUBLISHERS 
New York BOSTON Chicago 

1891 





.H1 


Copyright, 1891, 

By william A. MOWRY. 





( « 
< C 



Typography by J. S. Cushing & Co., Boston. 


> 


• L 



Presswork by Berwick & Smith, Boston. 





PREFATORY NOTE. 


-♦ 04 - 


1'he Commonwealth of Massachusetts has a political history 
of striking interest and of great value to the country. Her 
form of government has been a model after which Ohio and 
the states of the Northwest generally have framed their con¬ 
stitutions. The history of the Pilgrims of Plymouth and the 
Puritans of the Bay Colony ” should be familiar in every 
school and in every household in the state. The men of 
Massachusetts were leaders in the Revolutionary struggle, 
and here were the Boston Tea Party, Lexington, Concord, 
and Bunker Hill. Here Washington took command of 
the Continental Army. Here originated the New England 
town government. In this state there are more cities, of ten 
thousand inhabitants or more, than in any other state. The 
political history and the forms of government should be care¬ 
fully studied in the public schools of the state. The following 
brief treatise is designed to be used especially in the public 
schools of the Commonwealth. It is, of course, equally 
adapted for use in the numerous and excellent private schools 
and academies of the state, and for a handbook in the family. 
Where teachers cannot find the time necessary for an ex¬ 
tended course of study, they may, largely by reading and a 
careful course of explanation, go over the subject in a profitable 


3 



4 


PREFA1 OR V NO PE. 


manner by a series of Friday afternoon exercises. In that 
case the blackboard will be found exceedingly helpful. 

The author hopes that the teachers of his native state will 
find this little treatise, together with his two books on civil 
government in general, Studies in Civil Government ” and 
^‘The Elements of Civil Government,” helpful in making the 
pupils in the schools intelligent and patriotic citizens. The 
future success of this ancient Commonwealth rests almost 
entirely upon the children. 

WILLIAM A. MOWRY. 


Dorchester, Jan. i, 1891. 


THE HISTORY AND CIVIL GOVERNMENT 
OF MASSACHUSETTS. 


■♦ 04 - 


CHAPTER L 

EARLY SETTLEMENTS. 

The Pilgrims. —The reign of James the First, king 
of Great Britain, was noted for a general agitation of 
religious thought among the people of his realm. In 
the year 1607, the same year that the colony at James¬ 
town, Va., was founded, a company of Separatists from 
Scrooby, in the East of England, in order to escape 
being, as they said, “hunted,” “persecuted,” “clapped 
in prison,” emigrated to Holland, hoping there to find 
“freedom of religion.” But there they could find no 
fixed home, the language and customs were foreign to 
them, and in 1620 they emigrated to America. They 
called themselves Pilgrims.- November 21, the May¬ 
flower, with its precious freight of 102 persons, came to 
anchor off Provincetown. On the 21st of December, 
this company of Pilgrims landed on Plymouth Rock, and 
began the first permanent English settlement in New 
England. 

The Compact. —Before landing, however, these clear¬ 
headed, God-fearing men wrote out and subscribed their 
names to a compact, or agreement, whereby they “by 


5 



6 CIVIL GOVERNMENT OE MASSACHUSETTS. 


these presents solemnly and mutually in the presence 
of God and of one another, covenant and combine our¬ 
selves together into a civil body politic, for our better 
ordering and preservation, . . . and by virtue hereof to 
enact, constitute, and frame such just and equal laws, 
ordinances, acts, constitutions, and offices, from time to 
time, as shall be thought most meet and convenient for 
the general good of the colony, unto which we promise 
all due submission and obedience.” 

This is believed to be the first instrument of civil 
government ever subscribed as the act of the whole 
people. It had in it the germ of our present free, 
popular government. It was the great beginning of 
the government by the people. 

The Puritans. — The first settlers at Plymouth were, 
from their wanderings, called Pilgrims. But the general 
name given to the dissenters from the established Church 
of England was Puritans. Many of these people came 
from England and made settlements in New England 
between 1620 and 1650. This name applies equally to 
the Pilgrims of Plymouth and the settlers of Massachu¬ 
setts Bay and Connecticut. 

Settlement at Salem. —John Endicott, of Dorches¬ 
ter, England, with a company of Puritans made a settle¬ 
ment at Salem in the year 1628.^ These settlers were 
honest, earnest. God-fearing people, and they stamped 
their character so thoroughly upon the colony which 
they planted that their good qualities are even now 
quite manifest among their lineal descendants, more 
than two and a half centuries later. 

1 The first settlement at Salem was made by Roger Conant and thirteen 
others two years before. 


EARLY SETTLEMENTS. 


7 


Settlement at Boston. —The great emigration to 
New England had now really begun. John Winthrop 
with about seven hundred persons, had come over in 
eleven vessels. He made his principal settlement at 
Shawmut, or Tri-mountain, which, by an order issued 
September 17, 1630, was named Boston. Within a few 
years several important towns sprung up around Boston, 
— Chelsea, Dorchester, Charlestown, Watertown, New¬ 
town or Cambridge, Roxbury, and others. 

The New England Town-Meeting. — In the year 
1633 Dorchester held the first town-meeting. It was 
not a town-meeting, but was established as the town¬ 
meeting, to be held once a month, “ there to settle and 
set down such orders as may tend to the general good 
. . . and every man is to be bound thereby, without 
gainsaying or resistance.” The next year the town¬ 
meeting became general in various towns of the colony. 
The compact made in the cabin of the Mayflower was 
the beginning of the American Republic, but the 
democratic town-meeting, which soon became universal 
throughout New England, may well be called “the cause 
of the American Republic.” 

The First Schools. —In 1635 Boston Latin 
School was founded, in 1636 Harvard College was 
planted, in 1639 Dorchester established the first public 
school supported by taxation. Within a few years from 
this date schools, under the management and control of 
the towns generally, were organized and the system of 
public education was firmly established. Here was the 
beginning of the public school system of the United 
States, which is now in successful operation in every 
state in the Union. The first school committee was 
chosen by the town of Dorchester in 1645. 


8 CIVIL GOVERNMENT OE MASSACHUSETTS. 


Schools Established by Colonial Law. — In 1647 
the General Court ordered that “every township ... of 
fifty householders shall appoint one to teach all children 
to write and read; and where any town shall increase 
to the number of one hundred families, they shall set up 
a grammar school,^ the masters thereof being able to 
instruct youth so far as they may be fitted for the uni¬ 
versity.Thus it was that New England, and Massa¬ 
chusetts particularly, introduced into the beginning of 
American history the common school, which has had 
such a great influence in promoting and fostering Ameri¬ 
can freedom and progress. 

Other Towns and Counties. — The settlements around 
Plymouth and Boston and the organization of new towns 
rapidly increased. Prior to the year 1700 towns had 
been incorporated in all parts of the state, extending 
even beyond the Connecticut River. Counties and 
county governments had been organized, and the popula¬ 
tion increased with great rapidity. 


CHAPTER II. 

EARLY GOVERNMENTS, AND INDIAN DIFFICULTIES. 

The Plymouth Patent. — In the year 1620 King 
James signed a patent incorporating the Duke of 
Lenox, the Marquises of Buckingham and Hamilton 

1 The term “ grammar school ” was used in its original English sense, 
of a school to prepare for college. 

2 Colonial Laws, 74, 186. Connecticut Colony and New Haven Colony 
did the same. See Bancroft, I. 459, note. 



EARLY GOVERNMENTS. 


9 


and others, and their successors, as The Council of Ply¬ 
mouth, “for planting, ruling, ordering, and governing of 
New England in America.” 

This grant included “ that part of America which lies 
between the fortieth and forty-eighth degrees of North 
latitude.” This embraced the territory from the par¬ 
allel of Philadelphia northward beyond the latitude of 
Quebec. This charter held till the year 1635, when the 
Council resigned it. Meantime, however, the Council 
had made several grants of land. They had granted 
New Hampshire to Captain John Mason in 1621, the 
Province of Maine to Sir Ferdinando Gorges in 1622, 
and Massachusetts Bay to Sir Henry Roswell and five 
others in 1628. 

Massachusetts Charter. — King Charles gave this 
“ Bay Company ” a special charter with large powers, 
(i) They had the right to the soil. (2) The power of 
government was substantially conferred upon them¬ 
selves. (3) The first governor and assistants were 
named by the king. (4) Their successors were to be 
chosen by the corporation. (5) The legislative powers 
were to be exercised by the proprietors. (6) They were 
allowed a free trade, and were to be considered natural- 
born subjects. Under this liberal charter the “ Bay 
Colony,” as it was called, prospered, and the number of 
settlers rapidly increased. Their character was of a high 
order both as to talent and intelligence on the one hand, 
and morality and religion on the other. 

The Charter Forfeitedo — In 1684 the charter was 
declared by Charles the Second forfeited, and the next 
year Joseph Dudley was commissioned by the new king, 
James the Second (Charles having died), as president 


10 CIVIL GOVERNMENT OE MASSACHUSETTS. 


of the colony. It was on the 20th of December, 1686, 
that Sir Edmund Andros landed in Boston and pro¬ 
claimed himself “ Captain-General and Governor-in- 
Chief ” of New England. 

Andros established an arbitrary government, every way 
obnoxious to the people. In 1689 Andros was impris¬ 
oned, and the people resumed the charter. William and 
Mary having ascended the throne of England, Andros 
was recalled, and in 1692 a new charter was granted. 

The Provinces United. — By this charter the terri¬ 
tories of Massachusetts, Plymouth, and Maine were con¬ 
solidated under one government. The king was to 
appoint the governor, deputy-governor, and secretary, 
while the people were to choose twenty-eight council¬ 
lors. Each town was to elect two deputies to represent 
it in the General Court. Sir William Phips was the 
first governor of the new province. Thus ended the 
distinctive history of Plymouth, as to its government, 
and henceforth we must regard it as only a part of the 
province of Massachusetts. 

Relations with the Indians. — The early English 
idea concerning the Indians was that they should be 
civilized and converted to the Christian religion. The 
early colonial motto of the Massachusetts Colony was 
the figure of an Indian with the Macedonian cry, “ Come 
over and help us.” As early as 1636 the Bay Colony 
passed laws to provide for their conversion, and in 1646 
the same colony framed a code of “ necessary and whole¬ 
some laws to reduce them to civility of life.” Thomas 
Mayhew, father and son, John Eliot, and many others, 
spent years in efforts to reclaim them. The results 
were not entirely satisfactory. 


/ND/AN DIFFICULTIES. 11 

The Pequot War. — The first considerable uprising of 
the Indians which concerned the Massachusetts colonies 
was a conflict with the Pequots, who occupied the terri¬ 
tory now the eastern part of Connecticut. Roger Wil¬ 
liams happily persuaded the Narragansetts of Rhode 
Island not to make common cause with them. This 
was in 1636. In the spring of the following year the 
Connecticut Assembly at Hartford determined to make 
war upon them, and the troops under Captain John 
Mason attacked their fort, which included a village of 
their men, women, and children, at Mystic. Their wig¬ 
wams were burned, and all were either killed or carried 
away into captivity and slavery. Their territory was 
divided between Connecticut and Massachusetts. 

New England Confederation. — The hostility of the 

% 

Indians was now so marked and the danger from them 
and from the Dutch, who were endeavoring to obtain the 
country between the Hudson and the Connecticut rivers, 
so great that in 1643 the Bay Colony, Idymouth, Con¬ 
necticut, and New Haven united in a firm league or 
union for mutual defence. Rhode Island was not per¬ 
mitted to join this confederacy, although so recently 
Roger Williams had performed for them an important 
service in preventing the Indians of Rhode Island from 
joining the angry Pequots. This confederation was 
the first instance of union between English colonies in 
North America, and it had *an important trearing upon 
subsequent history. 

It is noticeable that the agreement to this confeder¬ 
ation was made in various ways. The articles were 
adopted by the General Court of the Bay Colony, by the 
commissioners from Connecticut and New Haven, and 


12 CIVIL GOVERNMENT OF MASSACHUSETTS. 


by the General Court of Plymouth they were submitted 
to the several towns of the colony and agreed to by 
them. At this time the population of the two Massa¬ 
chusetts colonies and the two in Connecticut amounted 
to about twenty-five thousand, more than one-half being 
in the Bay Colony. 

King Philip’s War. — After the Pequots were anni¬ 
hilated, about 1637, the contest between the whites and 
the red men was continued for some years. Then fol¬ 
lowed an interval of about twenty-five years of relative 
peace. In 1675, however, began the most deadly and 
determined feud between the English and the Pokano- 
kets or Wampanoags. The war broke out in Swansea, 
where several settlers were killed. Very soon outbreaks 
occurred in various sections of the state, and in Rhode 
Island. Attacks were made with rapid succession upon 
Seekonk, Middleborough, Taunton, Dartmouth, Mendon, 
Brookfield, Hadley, Hatfield, Deerfield, and Northfield. 
Captain Beers with a small force, having been sent to the 
relief of Northfield, was attacked, and he and twenty 
men were slain. 

Bloody Brook, — Captain Lothrop of Beverly with 
more than eighty picked men, the “flower of Essex,” 
was attacked at Bloody Brook, near Sugar Loaf Moun¬ 
tain, and all but eight were killed. Springfield was 
attacked and burned, and in the autumn of 1675 Philip 
and his forces withdrew to the Narragansett country. 

The Swamp Fight. — The several colonies mustered 
new forces, reorganized their troops, and prepared for a 
vigorous movement. In December occurred the great 
swamp fight in the Narragansett country. The In¬ 
dians had about four thousand, all told, in their en- 


INDIAN DIFFICULTIES 


13 


campment. 1 he troops of the colonists numbered more 
than one thousand picked men. The contest was terri¬ 
ble. The wigwams of the Indians were burned, and 
more than one thousand of their number, men, women, 
and children, were killed or captured. 

In February following Lancaster was attacked and 
burned ; Medfield was burned; Weymouth, Groton, and 
Northampton were attacked, and twelve persons were 
killed at Plymouth. 

Piercers Fight. — Then occurred another terrible 
tragedy. Captain Pierce, with about seventy men, was 
enticed across the Blackstone River, just above Paw¬ 
tucket, and attacked by a large body of Indians. Pierce 
and nearly all his men were slain. Seekonk was laid in 

ashes. Providence was burned, Marlborough was at- 

% 

tacked and burned, Longmeadow suffered, and then 
came a terrible slaughter at Sudbury. This was in 
April, 1676. Plymouth was again assaulted and several 
houses burned. Middleborough and Hatfield were again 
burned, and Bridgewater, Hingham, and Hadley suf¬ 
fered again. 

The Death of Philip. — But now Philip turns his 
course back again to Mount Hope, and there on August 
12, 1676, Captain Church and his men attack the In¬ 
dians, rout them, and King Philip is killed. Shortly 
after, with great heroism. Church captures Anawan and 
his forces, and the war is ended 

Losses incurred in this War. —This was a terrible 
contest for these feeble colonies, and the wonder is that 
they survived it. The aggregate of loss and suffering 
cannot be told. Thirteen towns were wholly destroyed, 
and a large number of others suffered severely. Six 


14 CIVIL GOVERNMENT OE MASSACHUSETTS. 

hundred colonists fell in battle, and as many buildings 
were burned. Scarcely a family escaped loss. The 
principal burden fell upon Plymouth and the Bay 
Colony. The pecuniary loss cannot be estimated at 
less than half a million dollars. 

Rallying after the War. — But the colonists were 
resolute, courageous, determined to succeed. They did 
succeed. Before many years every town was rebuilt, 
and the colonies, being now substantially free from the 
Indians, became more prosperous than ever. The pop¬ 
ulation rapidly increased. The crisis was past, and 
Massachusetts now entered upon a career of great 
prosperity. 

The French War. — During the period between King 
Philip’s War and that important contest between Great 
Britain and her English colonies in America, on the one 
hand, and P'ranee and her Indian allies, on the other, 
which occurred between I756 and 1763, and which has 
been usually called “The P'rench and Indian War,” the 
colonies were in the main at peace and in a prosperous 
condition. This great contest was decided by the 
battle of Quebec. This was TJie Supi'eme Moment in 
the history of North America. Here was decided the 
destiny of a great continent. The questions at issue 
were not merely whether one nation of Europe or an¬ 
other should have the mastery here, but then it was 
decided that the Anglo-Saxon race should rule in North 
America, that the English language should prevail, that 
the liberty-loving genius of the English people should 
dominate here. France was swept off the continent. 


GETTING READY FOR INDEPENDENCE. 


15 


CHAPTER III. 

GETTING READY FOR INDEPENDENCE. 

It was only thirteen years between 1763 and the Dec¬ 
laration of Independence. Few men among the English 
colonies foresaw the result of the success of the English 
arms on the Plains of Abraham. But the trend of events 
was inevitable. France, England’s ancient enemy, 
no longer menaced the colonies. The great French 
diplomatist. Count De Vergennes, at once saw the inevi¬ 
table result. He prophesied that England’s next step 
would be to tax the colonies, and that as they would 
no longer need her protection, they would throw off 
their dependence upon the mother country and become 
independent. The prophecy was a true one. 

The Massachusetts Patriot Leaders. — The initia¬ 
tive to the Revolution was taken in Boston, and the 
contest was fairly begun there. James Otis, Samuel 
Adams, and Joseph Warren probably foresaw indepen¬ 
dence as early as any other persons in the country. 
Not far, if at all, behind them were John Adams, John 
Hancock, and Joseph Hawley. These men, with Benja¬ 
min Franklin and Patrick Henry, evidently compre¬ 
hended the situation, and though breathing no word, and 
performing no deed that looked towards independence, 
until the proper time had arrived and the people were 
ready to support the necessary measures for ultimate 
success, they were nevertheless steadily preparing the 


16 CIVIL GOVERNMENT OF MASSACHUSETTS. 


minds of all the thinking men in the colonies for the 
great movement when the time should be ripe for it to 
take place. 

The Stamp Act. — The famous Stamp Act was 
passed by the British Parliament in 1765. This act 
required that all bills, notes, leases, and other such-like 
documents to be used by the colonists should be upon 
stamped paper, which must be bought of the officers at 
such a price as would bring a revenue to the English 
government. Newspapers were also required to be 
printed upon stamped paper. When the news of the 
passage of this act by Parliament reached Massachusetts, 
the excitement was intense. “Will you, then,” it was 
asked, “set at defiance the Parliament ” “We are 
ready,” it was answered, “to submit to constitutional 
laws: but the Stamp Act is against Mag 7 ia Charta^ and 
Lord Coke says an act of Parliament against Magna 
Charta is for that reason void.” John Adams at once 
said in the public prints, “ There seems to be a direct 
and formal design on foot in Great Britain to enslave all 
America. Be it remembered, liberty must at all hazards 
be defended.” Again he wrote, “This year brings 
ruin or salvation to the British colonies.” Early in 1766 
the odious act was repealed by Parliament. 

The General Court passed a vote of thanks to William 
Pitt, bells were rung, cannon fired ; in the evening the 
whole town of Boston was illuminated, and “ Liberty 
Tree” was loaded with lanterns. 

The Revenue Bill. — In June, 1767, a revenue bill 
was passed by the Parliament, taxing glass, paper, tea, 
and other articles, from which an income of perhaps 
^40,000 a year might be realized. It was then that the 


GETTING READY FOR INDEPENDENCE. 1 / 

Boston patriots said: “The Rubicon is passed. We 
will form an immediate and universal combination to eat 
nothing, drink nothing, wear nothing, imported from 
Great Britain. Let us call on our sister colonies to join 
in asserting our rights.” 

Massachusetts at once put herself in an attitude of 
rebellion. General Gage was ordered to send a regi¬ 
ment to Boston to aid the British officers. Then quickly 
followed the famous town-meeting in Faneuil Hall, the 
“Cradle of Liberty,” vigorous action by the General 
Court, and it was Samuel Adams who said: “ We will 
submit to no tax. We will shed our last drop of blood 
before the king and the Parliament shall impose on us, 
or settle crown officers, independent of the colonial 
legislature, to dragoon us.” 

The Massachusetts Convention. — Then came the 
great convention, representing ninety-six towns of the 
colony and eight districts, which uttered a protest of the 
people against the taxation of the colonies by Parlia¬ 
ment, and against the danger to “ the liberties of 
America.” 

The Boston Massacre. — On the 5th of March, 1770, 
the “ Boston Massacre ” occurred, in which Crispus 
Attucks, Samuel Gray, and James Caldwell were killed 
and several wounded. 

Committee of Correspondence. — In 1772 “a Com¬ 
mittee of Correspondence ” was appointed at a town¬ 
meeting in Boston, “to state the rights of the colonists, 
and of this province in particular, as men, as Christians, 
and as subjects, and to communicate and publish the 
same to the several towns and to the world.” James 
Otis was chairman of this committee. Thus the foun- 


18 CIVIL GOVERNMENT OE MASSACHUSETTS. 


dation was laid for the Continental Congress and for 
the American Union. 

The next year Samuel Adams wrote, “An American 
Congress is no longer the fiction of a political enthusi- 
ast. 

The Boston Tea-Party. — November 28, 1773, a ship 
arrived in Boston Harbor, bringing a cargo of tea. The 
next day the people from the towns flocked into Boston. 
By nine o’clock Faneuil Hall was filled. An adjourn¬ 
ment to the Old South was effected. Resolutions were 
passed that the tea should not be landed. Twenty days’ 
time was given to the owners. 

At length the twentieth day arrived. There were 
seven thousand people in and around the Old South. 
The governor refused to send the tea away. “ This 
meeting can do nothing more to save the country,” said 
Samuel Adams. 

The war-whoop sounded. Forty or fifty men, dis¬ 
guised like Indians, hurried to Griffin’s Wharf, boarded 
the ships, and in three hours’ time 342 chests of tea, 
valued at $100,000, had been emptied into the water. 
Every one retired, and the town was as quiet as if noth¬ 
ing unusual had occurred. 

British Troops in Boston. — In the summer of 1774 
several regiments of British troops were landed at Bos¬ 
ton, and one regiment from Halifax was posted at 
Salem. Still other regiments came from New York, 
New Jersey, and Quebec, to be quartered in Boston. 

Warm discussions in the General Court ensued, and 
now satisfied that “the time for action had come,” 
Samuel Adams and James Warren of Plymouth con¬ 
vened “ caucuses ” in which was developed “ a plan of 


GETTING READY EOR INDEPENDENCE. 


19 


union of the colonies.” The House, by a vote of 117 
to 12, determined that “ a committee should be appointed 
to meet, as soon as may be, the committees that are or 
shall be appointed by the several colonies on this con¬ 
tinent, to consult together upon the present state of the 
colonies.” James Bowdoin, Thomas Cushing, Samuel 
Adams, John Adams, and Robert Treat Paine were ap¬ 
pointed as this committee. 

Continental Congress. — Then at a mass-meeting in 
P'aneuil Hall a Continental Congress was proposed. 

This Congress convened in Carpenter’s Hall, Phila¬ 
delphia, September 5, 1774. Its action is well known, 
and need not be recounted here. 

Massachusetts Provincial Congress. — The General 
Court of Massachusetts having been dissolved by a proc¬ 
lamation from the governor, that body resolved itself into 
a Provincial Cofigress, and its first session was held in 
Salem, October 7. John Hancock was chairman. This 
congress raised a militia force of twelve thousand men. 
The government of the colony was thereafter carried 
on by this body. Then began preparations for war, 
and on the 19th of April, 1775, the first collision be¬ 
tween the militia of the colony and the king’s troops 
took place at Lexington and Concord. 

Thus was the American Revolution commenced. 
Nearly all the preliminary proceedings took place in the 
Colony of Massachusetts. The shrewdness, sagacity, 
wisdom, patriotism, of the Adamses, the Warrens, Otis,* 
Hawley, Hancock, and their fellow-patriots, so guided 
events, so shaped public sentiment, not merely in their 
own colony but also throughout the several colonies, 
that when the collision came, the appeal to arms was 


20 CIVIL GOVERNMENT OF MASSACHUSETTS. 


universal, and the response of the people was equally 
hearty and universal. Samuel Adams may properly be 
called the “ Father of the American Revolution.” 

The Second Continental Congress. — The first Conti¬ 
nental Congress before adjourning took measures for call¬ 
ing a new congress for the following May. The second 
Congress met at Philadelphia, May lo, 1775. Its busi¬ 
ness was to make laws for the United Colonies, and to 
devise measures for the redress of their grievances. By 
common consent it became the governing body of the 
country. It established the “continental army,” and 
accepted the troops gathered about Boston. It appointed 
Washington as commander-in-chief of all these forces, 
and raised money to carry on the war. In this Con¬ 
gress, as conspicuous figures, were Samuel Adams, John 
Adams, and John Hancock. 

Battle of Bunker Hill. — General Gage had now about 
ten thousand troops under his command. He had with 
these troops three renowned British generals, — Howe, 
Clinton, and Burgoyne. Gage feared the Americans 
would seize upon Bunker Hill, which was a summit in 
Charlestown, overlooking Boston, and he determined to 
take possession of it and erect there fortifications. He 
planned to send troops over to Charlestown for this 
purpose on the 17th of June. What was his astonish¬ 
ment, when that morning dawned, to find that during 
the night the Americans had taken possession of it and 
•had erected hasty breastworks upon its summit. 

Sending his troops over to dislodge the Americans, 
he fought with them “The Battle of Bunker Hill.” 
When General Washington heard how the raw recruits 
had fought, and that they had twice repulsed the red¬ 
coats, he said, “ The liberties of the country are safe.” 


GETTING READY TOR INDEPENDENCE. 


21 


Washington takes Command at Cambridge. — 

Washington was unanimously appointed commander- 
in-chief of the continental forces, June 15, 1775. He 
at once repaired to the scene of direct action. He 
reached Watertown July 2, where he was welcomed in 
a congratulatory address. On the next day he took 
command at Cambridge, drawing his sword under the 
great elm-tree which is still standing opposite Cam¬ 
bridge Common. 

Washington soon put his little army of undrilled 
militia men into the most efficient order. He divided 
it into three divisions of two brigades each. He placed 
the right wing at Roxbury, under General Ward, the 
left wing towards Charlestown, under General Lee, and 
the centre at Cambridge, under General Putnam, with 
himself as commander-in-chief. 

The Declaration of Independence. —The leaders, 
one after another, began to see that reconciliation was 
no longer possible, and that there was no alternative but 
independence. The Adamses and a few others had 
seen this for a long time, but it was not wise to hasten 
the action. The declaration was at length passed, and 
joyfully responded to throughout the country by the 
masses of the people. 

This immortal instrument was signed on the part of 
Massachusetts by 

Samuel Adams, John Adams, 

Robert Treat Paine, Elbridge Gerry. 

The Revolutionary War. —The war went on, Massa¬ 
chusetts taking a noble and prominent part from first 
to last. 


22 CIVIL GOVERNMENT OE MASSACHUSETTS. 


The siege of Boston was raised, and the British army 
evacuated the city and sailed away March 17, 

The more important campaigns and engagements during 
the war were in other sections of the Union. 


CHAPTER IV. 

ADOPTION OF A STATE CONSTITUTION. 

The Problem before the People. — The problem of 
self-government was, by the renunciation of allegiance 
to the British crown, thrust upon the people of the 
several states. It was a question of primary importance, 
but they were to some extent prepared to grapple with 
it. Massachusetts had had by her charter large powers 
in this direction. The leaders of the people had studied 
the problem of government, and they were quite familiar 
with the important rights which the English people had, 
from time to time, wrested from the king. Although 
the revolutionary government of the United States was 
concentrated in one body, and that primarily a legisla¬ 
tive assembly, yet it was clearly evident to these men 
that the three grand divisions of any true government 
should be the legislative, the executive, and the judi¬ 
cial, and that so far as practicable these should be kept 
separate from each other. They had already had such 
a division in their colonial governments, as represented 
in their “Great and General Court,” their Governor 
and Council, and their well-organized courts of law. 

From the beginning of the Revolution the government 
of this state was in the hands of the “ Provincial Con- 



ADOPTION OF A STATE CONSTITUTION. 23 

gress,” which was only another name for the “ General 
Court/’ or Legislature. There was no governor, but 
the duties of that office were performed by the Exec¬ 
utive Council, which had been continuously kept up. 
The courts had continued to perform their regular func¬ 
tions, and the defects were not felt to be serious evils, 
but a permanent form of government was necessary. 

A Constitution First Proposed. — A committee 
consisting of four members of the Council and eight 
members of the House, appointed May 28, 1777, pre¬ 
pared a draft of a constitution, which was approved 
February 28, 1778, presented to the General Court, and 
by it submitted to the people. It was, however, rejected 
by a very decisive vote. The objections made against 
it were that it contafined no declaration of rights, the 
principle of representation was unequal, and the powers 
and duties of the legislators and rulers were not clearly 
and accurately defined. It was also thought that such a 
constitution should be drafted by a convention of dele¬ 
gates chosen by the people for that purpose. 

Constitution Adopted. — A convention assembled at 
Cambridge, September i, 1779, chose James Bowdoin 
president, and took measures to prepare a constitution. 
This instrument was completed, agreed to by the con¬ 
vention, March 2, 1780, and submitted to the people. 
It was adopted, and returns were made to the conven¬ 
tion on the first Wednesday in June. October 25 was 
fixed as the day for the organization of the new govern¬ 
ment. The governor, lieutenant-governor, and senators 
were elected September 4, and the representatives were 
chosen October 9. 

John Hancock was the first governor and Thomas 


24 CIVIL GOVERNMENT OF MASS ACM C/SETTS. 


Cushing was lieutenant-governor, being chosen by the 
General Court, since there was no choice by the people. 

Opposition to the Constitution. — It was no slight 
thing for a state to thus carve out for itself a new 
form of government, to prepare a written document 
styled a “ Constitution ” which was to be the supreme 
law of the land. The whole world has since that day 
become familiar with “ constitutions,” but at that time 
such things were not common. The people of this 
country were striking out into new and untried paths, 
and they were obliged to form for themselves their own 
models. Of course this new constitution must neces¬ 
sarily meet with opposition. But it was adopted, put in 
operation, and the new state of Massachusetts then 
had a government fully organized, as one of the United 
States of America, while the country was still struggling 
to maintain itself against the whole power of the fore¬ 
most nation of the world. 

This state was later in adopting a constitution than 
most of the others. Virginia and New Jersey had 
agreed to theirs a few days before the Declaration of 
Independence had been passed by the Congress. Four 
other states had adopted constitutions the same year, 
three in 1777, .and one. South Carolina, in 1778, prior to 
this action by the Bay State. New Hampshire did not 
adopt hers till 1784, while Connecticut continued under 
her old charter till 1818, and Rhode Island till 1842. 

Constitutional Convention. — The people of Mas¬ 
sachusetts have ever maintained a safe conservatism in 
regard to changing the organic law. No serious effort 
to alter the constitution was made till after Maine had 
been organized into a separate state. A convention 


ADOPTION OF A STATE CONSTITUTION. 25 


for “ revising or altering the Constitution of Govern¬ 
ment of this Commonwealth” met, November 15, 1820, 
in the State House, Boston, and January 9, 1821, agreed 
to fourteen Articles of Amendment, and provided for 
submitting them to the people. The people voted on 
Monday, April 19, and the votes were counted May 24. 
By proclamation of the governor, June 5, of that year, 
it was announced that nine of the fourteen amendments 
had been adopted. 

The Convention of 1853. — A constitutional conven¬ 
tion met in the State House, Boston, May 4, 1853, and 
after deliberating for nearly three months, on August i, 
agreed to a new form of constitution and provided for 
submitting it to the people. This new instrument was, 
however, rejected by the popular vote. 

The General Court has, from time to time, proposed 
articles of amendment which have been adopted, as fol¬ 
lows : — 


Amendments i to 9 adopted (as above) 1821. 


10 

4 4 

May II, 1831. 

ii 

• 

11 

4 4 

November ii, 1833. 

( « 

12 

4 4 

November 14, 1836. 

( ( 

13 

4 4 

April 6, 1840. 

i 4 

14 to 19 

4 4 

May 23, 1855. 

t ( 

20 to 22 

4 4 

May I, 1857. 

i 4 

23 

4 4 

May 9, 1859. 

4 4 

24 and 25 

4 4 

May 17, i860. 

4 4 

26 

4 4 

April 6, 1863. 

,4 4 

27 

4 4 

November 6, 1877. 

4 4 

28 

4 4 

November 8, 1881. 

4 4 

29 

44 

November 3, 1885. 

4 4 

30 

4 4 

November 4, 1890. 

4 4 

31 

4 4 

November 4, 1890. 


26 CIVIL GOVERNMENT OF MASSACHUSETTS. 

These various amendments have materially modified 
the original constitution, and yet that document, which 
became the fundamental law of the state, as one of the 
United States of America, more than a century ago, 
still remains, with these modifications, in full force, and 
still contributes, as it has for more than three genera¬ 
tions, to maintain justice and equity, and promote the 
prosperity of the people of this ancient commonwealth. 
This is the oldest state constitution now in force in 
America. Most of the Western States north of the 
Ohio River have framed their constitutions after this 
model. 

- %o% - 


CHAPTER V. 

THE STATE GOVERNMENT. -LEGISLATIVE DEPARTMENT. 

% 

Preamble to the Constitution. —The constitution 
of this state has some original and unique features. Its 
long “Preamble” states clearly the “end of govern¬ 
ment,” announces that “the body politic is formed by a 
voluntary association of individuals,” and then says : — 

“We, therefore, the people of Massachusetts, acknowledging, 
with grateful hearts, the goodness of the great Legislator of the uni¬ 
verse, in affording us, in the course of His providence, an opportu¬ 
nity, deliberately and peaceably, without fraud, violence, dr surprise, 
of entering into an original, explicit, and solemn compact with each 
other; and of forming a new constitution of civil government, for 
ourselves and our posterity; and devoutly imploring His direction 
in so interesting a design, do agree upon, ordain and establish, the 
following Declaratio 7 t of Rights., and Fra 7 ne of Gover 7 i 77 ie 7 it., as the 
Constitution of the Commonwealth of Massachusetts.” 



THE STATE GOVERNMENT. 


27 


‘‘Part the First/’ — This famous instrument is in 
two parts. “Part the P'irst ” consists of thirty definite 
articles, and is styled “yf Declaration of tJie Rights of 
the Inhabitants of the Commonwealth of Massachusetts I ^ 

“ Part the Second.” — The Frame of Government. 

“ The people, inhabiting the territory formerly called the Province 
of Massachusetts Bay, do hereby solemnly and mutually agree with 
each other, to form themselves into a free, sovereign, and indepen¬ 
dent body politic, or state, by the name of The Commonwealth of 
Massachusetts.” 

It will here, as elsewhere, be noticed that the corpo¬ 
rate name of the state is “The Commomvealth of Massa¬ 
chusetts.” This word has an important meaning. It 
infers the chief motive or end of government, “the 
common weal,”—the‘common good, or, as it is called 
in the national constitution, “the general welfare.” 
Only four of the states use this word in their official 
title, viz. : Massachusett.s, Pennsylvania, Virginia, and 
Kentucky. 

1 Every teacher should procure, if possible, a copy of the “ Manual for 
the General Court ” for the current year, and at this point the class should 
read this “ Part the First ” of the constitution, dwelling upon and explain¬ 
ing such points as seem to require special attention. 

This “ Manual” contains the “ Rules of the Two Branches,” the “Con¬ 
stitution of the Commonwealth, and that of the United States, and a list of 
the executive, legislative, and judicial departments of the state government, 
state institutions, and other officers, and other statistical information.” It 
is prepared and published annually by the Clerk of the Senate and the 
Clerk of the House, and application for a copy should be made to either 
of these officers, or to any member of the Senate or House, stating that it 
is wanted for use in teaching civil government in such a public school 
(naming the particular school), in such a town and county (naming them). 
This “ Manual ” contains a large amount and variety of useful and impor¬ 
tant information concerning the history and government of this ancient 
commonwealth. 


28 CIVIL GOVERNMENT OF MASSACHUSETTS. 


‘‘The General Court.’’ — From early colonial times 
Massachusetts has named its legislative government 
“The General Court.” It still retains the name. 
Other states generally call it “The Legislature.” This 
branch in every state consists of two houses, called, 
in most cases, the Senate and the House of Repre¬ 
sentatives. 

The two houses meet every year on the first Wednes¬ 
day in January. The General Court has full power and 
authority to “ make, ordain, and establish all manner of 
wholesome and reasonable orders, laws, statutes, and 
ordinances as they shall judge to be for the good and 
welfare of this commonwealth, ... so the same be not 
repugnant or contrary to this constitution.” 

Senate. — The Senate consists of forty members. 
This number is permanent. Once in ten years the 
state takes a census, and then divides the .common- 

% 

wealth into forty senatorial districts of adjacent terri¬ 
tory, of nearly equal population. One senator is chosen 
annually from each district. 

A senator must “ be an inhabitant in the district for 
which he shall be chosen,” and he must “have been 
an inhabitant of this commonwealth five years at least 
immediately preceding his election.” 

House of Representatives. — The House of Repre¬ 
sentatives consists of two hundred and forty members. 
The members are apportioned by the legislature once 
in ten years among the several counties, equally, as near 
as may be, according to the number of legal voters. For 
this purpose the General Court divides the state into 
“representative districts of contiguous territory.” In 
the case of small towns, a district may embrace two or 


THE EXECUTIVE POWER. 


29 


three towns, while a city is divided into representative 
districts of nearly equal voting population. Sometimes 
a district includes a small town and a ward of an adjoin¬ 
ing city. 

A representative must have been an inhabitant of 
this commonwealth five years, at least, preceding his 
election. 

The powers and duties of the House as well as of the 
Senate are in general similar to other states and to the 
legislative department of the national government. 


-♦o« 


CHAPTER VI. 

THE! EXECUTIVE POWER. 

The Governor. — “ There shall be a supreme execu¬ 
tive magistrate who shall be styled, The Governor of 
THE Commonwealth of Massachusetts ; and whose 
title shall be. His Excellency.” 

The governor shall be chosen annually. A plurality 
elects. The same is true in case of other state officers. 

The governor must, “at the time of his election have 
been an inhabitant of this commonwealth for seven 
years next preceding,” and “ be seized in his own 
right of a freehold, within the commonwealth, of the 
value of one thousand pounds.” 

His Duties and Powers. — He has the usual execu¬ 
tive powers. He may call together the Legislature. He 
may adjourn or prorogue the same to any time the two 
houses may desire. He shall be commander-in-chief of 
the army and navy of the state, but he cannot oblige 



30 CIVIL GOVERNMENT OF MASSACHUSETTS. 

these forces to march out of the limits of the state with¬ 
out their free and voluntary consent, or the consent of 
the General Court. 

He has the power of pardoning offences, by and with 
the advice of the Council. His executive powers gener¬ 
ally are limited to the advice of tJie Council, which will 
be considered hereafter. 

The governor must sign warrants with the advice and 
consent of the Council, for the payment of all moneys 
from the state treasury. 

Lieutenant-Governor. — “ There shall be annually 
elected a lieutenant-governor, whose title shall be His 
Honor ; and whose qualifications shall be the same as 
are required of the governor; and whose election shall 
be at the same time and in the same manner as the 
governor.” 

Powers and Duties. — He is to succeed to the duties 
and powers of the governor in case of a vacancy in that 
office. He shall be a member of the Governor’s Council, 
and in the absence of the governor shall preside. When 
presiding, he shall have no vote. The same is true of 
the governor when he presides. 

Governor’s Council. — “ Eight councillors shall be 
chosen annually by the inhabitants of this common¬ 
wealth qualified to vote for governor.” ' These are 
chosen from eight districts of contiguous territory. 
These districts are determined by the Legislature. 

In case of vacancy in the office of both governor and 
lieutenant-governor the Council shall execute the duties 
of the governor. 

Other Executive Officers. — The secretary of state, 
treasurer, and receiver-general, auditor, and attorney- 


THE JUD/CIARY POWER. 


31 


general, shall be chosen annually, on the day prescribed 
for the choice of governor. 

“ The legislature shall prescribe, by general law, for the election 
of sheriffs, registers of probate, commissioners of insolvency, and 
clerks of the courts, by the people of the several counties, and that 
district attorneys shall be chosen by the people of the several dis¬ 
tricts for such term of office as the legislature shall prescribe.” 


►04- 


CHAPTER VII. 

THE JUDICIARY POWER. 

The power to establish courts is given by the consti¬ 
tution to the Legislature, and by the same the appoint¬ 
ment of the judges of all the courts is in the hands of 
the governor with the consent of the Council. 

The judges are appointed, to hold their office till 
removed. They may be removed by the governor on 
the petition of the Legislature. Trial justices are ap¬ 
pointed for the term of three years. 

The courts of this commonwealth are as follows : — 

1. The Supreme Judicial Court. 

2. The Superior Court. 

3. The Probate Courts. 

4. The Municipal or Police Courts. 

5. The District Courts. 

6. The Courts of the Trial Justices. 

The Supreme Court. — This court is composed of a 
chief justice and six associate justices. It is the high 
court of appeals. It holds a session annually in Boston 
and at seven other places in the state. Single judges 



32 CIVIL GOVERNMENT OF MASSACHUSETTS. 


of this court hold in the several counties what are 
called “jury terms,” where important cases, both civil 
and criminal, are tried. The lower courts make appeals 
to this court on questions of law. 

The Superior Court. — A chief justice and thirteen 
associate justices constitute this court. At least two 
terms of this court are held annually in every county in 
the state. The chief justice each year assigns the 
several judges to the different counties. Before these 
courts are tried, with juries, important cases, both civil 
and criminal. Cases which have been tried by the lower 
courts may be appealed to this, and cases are sometimes 
carried up from this court to the Supreme Court on ex¬ 
ceptions upon points of law. 

Probate Courts. — These courts are not for the trial 
of ordinary cases, civil and criminal, but are special in 
their character. One is established in each county, and 
consists of a single judge. These courts have the fol¬ 
lowing powers : — 

1. To prove and establish wills. 

2. To break wills. 

3. To appoint guardians for minor children. 

4. To settle estates of minors. 

5. To settle estates of deceased persons dying intestate. 

6. To authorize change of names. 

7. To authorize the adoption of children. 

In cases of dissatisfaction at any decision of a probate 
court, appeal may be taken, according to law, to the 
Supreme Court. 

Municipal or Police Courts. — These courts are 
specially provided for cities and large towns, and have 
concurrent jurisdiction with the Superior Court in all 


THE JUDICIARY TO H ER. 


33 


cases of misdemeanor, and can arrest and hold to bail 
in alleged cases of felony. 

1 heir jurisdiction in cases of misdemeanor is final 
unless the defendant appeals to the Superior Court, 
which he has a special right to do, since the constitu¬ 
tion guarantees to all citizens the right of trial by jury. 

This court also has jurisdiction of minor civil cases. 

The police courts of Boston are called ‘‘ municipal 
courts.” The city is divided into eight districts, with 
a court in each district. 

District Courts. — In the more sparsely populated 
rural towns district courts have been established, a 
single district including several towns. Their jurisdic¬ 
tion is similar in kind to the police courts. There are 
about thirty courts, of this kind in the state. In the 
towns not embraced within the jurisdiction of a district 
court 

Trial Justice Courts are held. They are, in general, 
of the same character as the district courts. The dis¬ 
trict judges are appointed “during good behavior,” as it 
is called ; that is, they have a permanent appointment, 
while the trial justices are appointed for the limited 
term of three years. 

District Attorneys. — The constitution, as previ¬ 
ously indicated, provides for the election, by the people, 
of district attorneys. The state is divided into eight 
districts, and the people choose in each district a “dis¬ 
trict attorney ” every three years. 

“The district attorneys within their respective districts shall 
appear for the commonwealth in the superior court in all cases, 
criminal or civil, in which the commonwealth is a party or inter¬ 
ested; shall aid the attorney-general in the duties required of him, 


34 CIVIL GOVERNMENT OF MASSACHUSETTS. 


and shall perform all the duties which he is authorized to perform 
and is not required to do personally.” 

Clerks of Courts. — The Supreme Court appoints its 
chief clerk, and an assistant clerk. The chief clerk is 
appointed for a period of five years, and the assistant 
clerk for three years. The clerks of county courts are 
elected for five years by popular vote. The governor 
appoints, with the advice of the council, the clerks of 
the minor courts. 

The Reporter. — A very important officer of the 
Supreme Court is called “The Reporter.” He is ap¬ 
pointed by the governor, and it is his duty to make a 
careful and accurate report of this court on points of 
law. These reports are published by the state, and are 
valuable for reference by all the courts, as establishing 
precedents to guide in future decisions. 

State Elections. — The political year begins on the 
first Wednesday in January, and the General Court 
meets every year on that day. 

Town-meetings, and in cities ward or precinct voting 
meetings, for the election of governor and other state 
officers, including senators and representatives, are held 
on the “Tuesday next after the first Monday in Novem¬ 
ber, annually. ... In case of a failure to elect represent¬ 
atives on that day, a second meeting shall be holden, 
for that purpose, on the fourth Monday of the same 
month of November.” 


Salaries of State Officials. 

Governor. 

Lieutenant-Governor. 

Governor’s Council (each). 

Secretary of State. 


$S,ooo 

2,000 

800 

3,000 





COUNTY GOVERNMENT. 


35 


State Treasurer. 

. . . 5,000 

State Auditor. 

. . . 3,000 

Attorney-General. 

. . . 4,000 

President of the Senate. 

. . . 1,500 

Speaker of the House. 

. . . 1,500 

Each Senator. 

... 750 

Each Representative. 

... 750 

Chief Justice Supreme Court. 

. . . 6,500 

Each’Judge. 

. 6,000 

Chief Justice Superior Court. 

. . . 5,300 

Each Judge. 

. 5,000 

Chairman Railroad Commission .... 

. 4,000 

Two Members (each). 

. . 2,500 

Chairman Harbor Commission .... 

. . 2,100 

Two Members (each). 

. . . 1,700 

Insurance Commissioner. 

. . . 3,000 

Commissioners of Savings Banks (each) . 

. . . 3,000 

Secretary Board of Education .... 

. . . 3,400 

Secretary Board of Agriculture .... 

. 2,500 

Secretary Prison Commission .... 

0 

0 

Secretary Board of Health. 

0 

0 


Members of various boards receive no salary, but travelling 
expenses only. 


CHAPTER VIII. 

COUNTY GOVERNMENT. 

The commonwealth of Massachusetts is divided into 
fourteen counties, as follows : — 

r. Barnstable, divided into 15 towns and cities. 


2. Berkshire, 

U 

32 

U 


3. Bristol, 

a 

20 

U 

u 

4. Dukes, 

u 

6 

U 

u 

5. Essex, 

u 

35 

U 











36 C/V/L GOVERNMENT OF MASSAC//C/SETTS. 
6. Franklin, divided into 26 towns and cities. 


7. Hampden, 

U 

22 

44 

44 

8. Hampshire, 


23 

44 

44 

9. Middlesex, 

a 

54 

44 

44 

10. Nantucket, 

U 

I 

44 

44 

II. Norfolk, 

4; 

27 

44 

44 

12. Plymouth, 

(4 

27 

44 

44 

13. Suffolk, 

44 

4 

44 

44 

14. Worcester, 

44 

59 

44 

44 


These fourteen counties contain three hundred and fifty- 
one towns and cities. 

As compared with the newer sections of the country 
at the west, Massachusetts magnifies the town, and 
devolves much less of her government upon the counties. 

County Officers. — The principal county officers in 
this state are the following : — 

1. County Commissioners. 

2. County Treasurer. 

3. Registrar of Deeds. 

4. Clerk of Court. 

5. Sheriff. 

6. Registrar of Probate and Insolvency. 

7. Judge of Probate and Insolvency. 

8. Commissioners of Insolvency. 

9. Trial Justices. 

These officers are elected by the people, and hold their 
offices for three years, except that the clerks of courts 
and registrars of probate are elected for five years. 

County Commissioners. — These officers are in some 
sense peculiar to Massachusetts. They are really the 
executive officers of the county, as the governor is of 
the .state, and as the selectmen are of the towns. To 
them is assigned the care of the county buildings, such 


COUNTY GOVERNMENT. 


37 


as the courthouse, jail, poorhoiise, etc.; the laying out 
of county roads and building them ; the defence of suits 
at law against the county, and the prosecuting of suits 
in behalf of the county ; levying the county tax and 
apportioning it among the several towns ; and, in gen¬ 
eral, if anything is needful to be done in behalf of the 
county which does not appear to be within the province 
of any other officers, it will fall to the county commis¬ 
sioners to see that it is done. 

The County Treasurer has the care and keeping of 
the county funds, receiving all taxes paid over by the 
several towns and the money from all fines imposed by 
courts of the county, and paying out such sums as he 
may be directed by the commissioners. It is also his 
duty to keep for public use the standard weights and 
measures furnished by the state. 

Registrar of Deeds. — Real estate records — deeds, 
mortgages, quitclaims, leases, etc.—are of primary im¬ 
portance, and should be kept with great care and with 
due regard to safety. These records are open to public 
inspection. They are kept in this state, as in most 
others, by counties. In the state of Rhode Island they 
are kept by towns,, being in the charge of the town 
clerks. 

Sheriff. — It is the duty of this officer and his depu¬ 
ties to arrest persons charged with crime, and confine 
them till they may have a trial; to have charge of the 
county jail; to attend the county courts, and meetings 
of the county commissioners when summoned by them. 
During the session of the court it is the duty of the 
sheriff to have the custody of the prisoners, witnesses, 
and jury, and to execute the sentences of the courts. 


38 CIVIL GOVERNMENT OE MASSACHUSETTS. 

He must see that the jurors are present at the sessions 
of the court, and he serves all writs issued by the court. 

Registrar of Probate and Insolvency. — This officer 
keeps all wills and papers and records of the court of 
probate and insolvency. He cannot be an interested 
party in any matter that shall come before the Probate 
Court. He, therefore, could not be an executor of a 
will, or administrator of an estate, or act as counsel in 
the case of a will. 

The other officers of the county require no further 
explanation in regard to their powers and duties than 
has heretofore been given. 


chaptp:r IX. 

TOWN GOVERNMENT. 

We come now to the consideration of the government 
of the townships. The township is the lowest unit of 
government, from which we rise in the scale of progres¬ 
sion to the county, the state, and the nation. 

The town government is that of a democracy, while 
all above it partake from necessity of the representative 
element, and are therefore republican in principle. The 
New England town was an early effort at government 
by the people. Under the town government the people, 
as a body, determine all questions by a majority vote. 
The people must, even in this case, delegate to their 
own representative officers the executive function of the 
government. 

Town Officers. — In the officers of the towns old 



TOWN GOVERNMENT. 


39 


customs and ancient usages have been kept up in Massa¬ 
chusetts, which are not needful in the new states at the 
west. The more important officers are as follows : — 

1. Moderator. 

2. Selectmen. 

3. Town Clerk. 

4. Town Treasurer. 

5. Assessors. 

6. Collector. 

7. Constable. 

8. Overseers of the Poor. 

9. Surveyors of Highways. 

10. School Committee. 

Many of the towns of Massachusetts still appoint annu¬ 
ally 

11. Field-drivers. 

12. Fence-viewers. 

13. Sealers of Weights and Measures. 

14. Measurers of Wood. 

15. Surveyors of Lumber. 

To these in many towns have lately been added 

16. Trustees of the Public Library. 

All of these officers are elected by the people, at the 
annual town-meeting. “ The annual meeting of each 
town shall be held in P'ebruary, March, or April.” The 
town officers are elected for one year, or a term of years. 

The duties of the most important of these officers 
mav be stated as follows : — 

Moderator. — At every town-meeting the voters 
present elect a moderator to preside at that meeting, 
except in the case of the meeting in November for the 
election of state officers, when the selectmen preside. 


40 CIVIL GOVERNMENT OE MASSACHUSETTS. 

Selectmen. — These are the executive officers of the 
town. They are three, five, seven, or nine in number, 
as may be decided by the town. The towns generally 
elect three or five. This board of selectmen is charged 
with the general supervision of the affairs of the town. 
They call town-meetings, deciding upon what articles 
shall be put in the warrant; they lay out town high¬ 
ways ; make regulations concerning health; draw jury¬ 
men ; represent the town in suits at law, and in matters 
relating to the county and state; grant licenses to sell 
intoxicating liquors, if so ordered by the town ; and con¬ 
trol the town-meeting, receiving, counting, and declaring 
the votes in the election of state and national officers. 
They are elected by ballot in the town-meeting, either 
for one year or for three years, as the town may decide. 

Town Clerk. —It is the duty of the town clerk to 
keep a proper and correct record of all proceedings at 
the town-meetings, to record the oaths taken by the 
officers of the town ; marriages, births, and deaths; 
votes cast for all officers, town, county, state, and 
national; and to issue licenses for dogs, and to grant 
certificates of intentions of marriage. He is elected 
annually. 

Town Treasurer. — This important officer receives 
and disburses the funds of .the town. He receives all 
moneys from taxes, dog licenses, etc., sale of town bonds, 
and from whatever other sources money may come to 
the town ; pays claims against the town, on the orders 
of the selectmen or other authorized officers ; and makes 
an annual report to the town of all moneys received and 
expended. The treasurer must, on entering upon his 
office, give bonds for the faithful discharge of his duties. 


TO IVJV GO VERmiEiVT. 


41 


He receives a salary, which is fixed by the vote of the 
town. He is elected annually. 

Assessors of Taxes. — There are generally three 
assessors, sometimes more. It is their duty to inven¬ 
tory the property, real and personal, belonging to every 
inhabitant of the town, and such as belongs to non¬ 
residents ; to estimate its value, and assess and appor¬ 
tion the tax which should be paid by each property 
holder in the town, and by every non-resident property 
holder. A poll tax, not exceeding two dollars, is assessed 
upon every male person over twenty years of age, resid¬ 
ing in the town. In assessing the property in the town, 
the assessors give an opportunity to every citizen to state, 
under oath, the amount of his property. If a citizen 
does not do this, they exercise their own judgment, and 
rate him accordingly. From their judgment he then 
can appeal to the county commissioners. When they 
have made out the tax list, and made oath that it is cor¬ 
rect according to their best knowledge and judgment, it 
is turned over to the collector. 

The Collector proceeds to make out a tax bill against 
each tax-payer, and calls upon him to pay it before a 
certain specified date. The town assessors assess the 
county and state tax with the town tax, and the collector 
collects the whole at once. If the tax is not paid in due 
time, the collector may levy upon the property, and sell 
it at public auction. 

The Constable. —The constable has power to serve 
writs and other legal processes, as directed by law. He 
serves warrants, as directed by the selectmen. It is his 
duty to convey prisoners under arrest to the county jail 
or house of correction, and to prosecute offenders for 


42 CIVIL GOVERNMENT OF MASSACHUSETTS. 


the violation of certain specified laws. He summons 
jurors to appear at court, and persons chosen as town 
officers to appear anci take the oath required by law. 

Overseers of the Poor. — Three or more overseers of 
the poor are chosen by the town to have the care of the 
poor of the town, so long as they are dependent upon 
the town for support. They must see that these poor 
people are properly relieved, employed, and supported. 
They have the care of the town almshouse, if there is 
one, and employ a keeper, who is placed in charge 
thereof. In some towns no overseers of the poor are 
appointed. In such cases the selectmen discharge the 
duties that belong to those officers. 

Surveyors of Highways. — The towns of this state 
choose one or more surveyors of highways. Usually 
the town is divided into districts, and each surveyor is 
placed in charge of his district. The money voted by 
the town for the care of roads is equitably divided among 
these districts, according to the valuation of the property. 

Each surveyor is responsible for the condition of the 
roads in his district, and expends upon them the money 
apportioned. 

The surveyors must keep the roads cleared of all 
obstructions, especially after snow-storms, “ breaking 
them out,” as it is called ; that is, clearing a path by 
treading down or shovelling away the snowdrifts. 

Any town may, by vote, create a board of road com¬ 
missioners, consisting of three persons, and chosen by 
ballot for three years, one retiring each year. When so 
appointed, these commissioners have charge also of the 
bridges, as well as the roads of the town. 

Field-drivers. — In a rural community horses and 


TOWN GOVERNMENT. 


43 


cattle are liable to break from the enclosures of their 
owners, and be found in the highways. Each town is 
to maintain one or more places for the safe keeping of 
these stray animals. These are called “ pounds.” The 
town appoints annually a pound-keeper. The field-drivers 
“take up any swine, sheep, cattle, or horses which may 
be found going at large in the highway, and put them 
for safe keeping in the “pound.” The pound-keeper 
must see that they are fed and cared for; and he de¬ 
livers them to the owner when properly claimed, and 
the fee is paid. 

Fence-viewers. — Person sowning land are required 
to keep the same properly enclosed by fences. Hence 
disputes may arise between owners of adjoining estates 
regarding division fences. In case of such dispute, 
the parties may apply to the legally appointed fence- 
viewer, and he acts as referee, deciding what portion 
of the fence each of the owners shall keep in order, or 
he may divide the expense between the owners. In 
case of necessity he may himself cause to be erected 
or repaired proper fences, and the owners of the adja¬ 
cent estates must pay for the same. 

The surveyors of lumber and measurers of wood, the 
sealers of weights and measures, and other town officers 
of minor importance, scarcely need further notice here. 
It may be proper, however, to say that the state has by 
law established the system of weights and measures re¬ 
ceived from the national government, and every county, 
city, and town is furnished with a complete set of these 
weights and measures. The town annually elects, or if 
not, then the selectmen appoint, one or more sealers of 
weights and measures. It is their duty to notify annu- 


44 CIVIL GOVERNMENT OF MASSACHUSETTS. 


ally persons using weights and measures for buying and 
selling, that these must be officially examined, and, if 
found correct, “sealed.” The statutes forbid the use 
of any weights and measures which have not been thus 
sealed. 

The following officers are by law to be elected at the 
town-meeting by ballot: town clerk, assessors, selectmen, 
treasurer, constable, and school committee. 

All the officers except the school committee are re¬ 
quired to be sworn to a faithful discharge of their duties. 
Most of these officers are chosen annually. The school 
committee are chosen for three years. The powers and 
duties of these officers will be considered il? a subsequent 
chapter. 

Trustees of Public Libraries. —The increase of town 
libraries in this state within the last ten or twenty years 
has been very great. A statute is now in force, provid¬ 
ing that towns having such public libraries shall appoint 
trustees, who shall have the care and management of 
them, under such restrictions and in accordance with 
such rules as the town may provide. 




CHAPTER X. 

CITY GOVERNMENT. 

The town government is democratic. But when a 
town grows populous, the necessities of government 
change in two important respects : — 

1. As to population. 

2. As to the broader and larger needs for governmental action. 



CITY GOVERNMENT. 


45 


1. As to population. It would be impossible to call 
all the people together to transact business, as in the 
town-meeting. In a small town, where the people are 
fairly intelligent and thoughtful, public measures can be 
considered with some degree of candor and judgment; 
but let a town-meeting be held in a large city, where 
one or two thousand or more persons, many of them, it 
may be, of the more ignorant classes, have gathered 
together, but little good judgment might be expected 
in the transaction of business relating to great public 
concerns. 

2. In a large town or city it is necessary to legislate 
upon a great variety of subjects not needful in a smaller 
town ; for example, the fire department, the police 
department, the streets, street lighting, sewers, health 
regulations, and many others. Moreover, it is necessary 
in these densely populated districts to have a large 
number of executive officers to attend to all these 
public concerns. 

It is imperative, therefore, that cities should intro¬ 
duce into their government the representative system. 
Hence the system of city government the world over 
has come to be such that great power is centred in the 
hands of a few officers. 

The Commonwealth of Massachusetts has now twenty- 
eiecht cities within its limits. 

City Charters. — A town is changed into a city by a 
twofold process. It requires the action of the state 
Legislature and of the voters of the town itself. 

Whenever any town has a population of twelve thou¬ 
sand or more, the town may apply to the General Court 
for a city charter. The charter is granted by vote of 


46 CIVIL GOVERNMENT OF MASSACHUSETTS. 


the Legislature. It is then accepted by the voters of the 
town. When this is done, the necessary officers must 
be elected to put the new city government into opera¬ 
tion. 

The charter describes definitely just what officers 
must carry on the new government, how they are to be 
elected or appointed, and what powers and duties they 
are to have. 

The thing to be accomplished is essentially the same 
in both cases, viz. : the proper maintenance of good 
local or municipal government. The end is the same, 
but the means necessarily differ. 

City Wards. — The city is divided into a number of 
wards. Each of these wards is a voting precinct, unless 
the number of inhabitants is too large to vote conven¬ 
iently in one place. In this case, the ward is sub¬ 
divided into voting precincts. The city government 
properly embraces only the legislative and the executive 
departments, since the courts are all provided for by 
state laws. 

The city government, therefore, consists of 

1. The Mayor. 

2. The City Council. 

In general terms, the mayor is the executive and the 
city council is the legislative department of the city gov¬ 
ernment. The aldermen have certain executive powers. 

The City Council. — The city council in most cities 
consists of two branches, called 

1. The Board of Aldermen. 

2. The Common Council. 

In some new cities, recently chartered, there is but 


CITY GOVERNMENT. 


47 


one branch of the city council. In one case this is 
called the city council, there being no board of aider- 
men, and in another it is the board of aldermen, there 
being no common council. Quincy and Woburn are 
examples of the legislative power residing in one body 
only. 

The officers of each ward are usually as follows : — 

1. A Warden. 

2. A Deputy Warden. 

3. A Clerk. 

4. A Deputy Clerk. 

5. Two Inspectors. 

6. Two Deputy Inspectors. 

Usually these officers are appointed by the mayor, and 
must be chosen so as to represent equally the two largest 
political parties. 

The warden presides at the ward meetings, and his 
duties are similar to those of the moderator in town¬ 
meeting. 

The clerk keeps the records of the proceedings. 

The inspectors assist in counting the votes. These 
officers are appointed annually, and are under oath. 

Officers of the City. — The following is a list of the 
principal officers of cities in this state : — 

1. Mayor. 

2. Aldermen. 

3. Members of Common Council. 

4. City Clerk. 

5. City Treasurer. 

6. Assessors of Taxes. 

7. Collector of Taxes. 

8. Overseers of the Poor. 

9. Superintendent of Streets. 


48 CIVIL GOVERNMENT OE MASSACHUSETTS. 


10. Engineers of Fire Departments. 

11. City Physician. 

12. City Solicitor. 

13. Auditor of Accounts. 

14. City Architect. 

15. City Registrar. 

16. City Messenger. 

17. The School Committee. 

In the city of Boston nearly all of these officers enu¬ 
merated above, except the first three named and the 
school committee, are appointed by the mayor and 
aldermen. Some are appointed for three years, but 
most of them annually. 

The city clerk and city messenger in Boston are 
appointed by the concurrent vote of the two branches. 

The board of police of Boston, which has in charge 
the entire police force of the city, is appointed by the 
governor and executive council. All others are ap¬ 
pointed by the mayor and aldermen. 

The mayor is elected by a pluralitv vote of the entire 
city. 

The school committee -are elected by the people. 
Their term of office is three years. 

In some cities the aldermen are elected on a general 
ticket, and in others an alderman is chosen by the votes 
in each ward separately. 

The members of the common council are elected by 
wards. 

Duties of City Officers. — The duties of these offi¬ 
cers differ somewhat in different cities, but in the main 
may be stated as follows : — 

The Mayor. — The mayor is the chief executive offi¬ 
cer of the city ; and the tendency at the present time 


CirV GOVERNMENT. 


49 


is to place large power in his hands, and hold him 
responsible for results. He is to see that the laws and 
the city ordinances are enforced, and that subordinate 
officers are faithful in the performance of their duties. 
In some cities he is a member of the board of aldermen, 
and presides over them. In other cases the aldermen 
act independently of him. He generally has a veto 
power over bills and orders passed by the city council. 

The Aldermen. — In general, the board of aldermen 
have powers equivalent to the selectmen of the' towns. 
It is impossible to state their powers and duties exactly, 
because so great differences exist in the charters of 
different cities. The board of aldermen of the city 
of Boston are the county commissioners for Suffolk 
County. 

The City Council. — Whether this body consists of 
one branch or of two, it has the power to do by itself, 
or with the approval of the mayor, what the towns can 
do in town-meeting. 

Measures for raising or borrowing money, and for 
appropriating the same, erection of public buildings or 
public works, creating public offices, fixing salaries, and 
other things, are by concurrent vote of the two branches, 
— if there be two, — each having a negative upon the 
other. Generally the mayor has the right of veto. 

The city council make rules or regulations for the 
general welfare of the city, called ordinances. These 
relate to the erection of buildings ; the construction of 
sewers; the obstruction of streets; the clearing of streets 
and sidewalks of snow; the sale of meats, fruit, milk, 
and the like ; the removal of garbage and offal; pre¬ 
cautions against fire ; the erection of fire-escapes from 


50 CIVIL GOVERNMENT OE MASSACHUSETTS. 


high buildings; and, in general, concerning whatever 
relates to the welfare of the city within the limits of 
the city charter. 

Note. — Space will not permit the specification of the duties of the 
various officers, nor is it deemed necessary here. The intelligent teacher 
can best explain these matters in accordance with the maturity of his class 
and the time at his disposal. 

Cities in this State. 

The following is a list of the cities at this date (1891) 
in Massachusetts, the dates of their incorporation, and 
the population of each, as given by the census of 


1890: — 

INCORPORATED. POPULATION. 

Boston.1822.448,477 

Salem.1836.30,801 

Lowell.1836. 77,696 

Cambridge.1846. 70,028 

New Bedford.1847. 40,733 

Worcester.1848.84,655 

Lynn.1849.55>727 

Newburyport.1851. 13,947 

Springfield.1852.44,179 

Lawrence.1853.44,654 

Fall River.1854. 74,398 

Chelsea.1857.27,909 

Taunton.1864 25,448 

Haverhill.1869.27,412 

Somerville.1871.40’, 152 

Fitchburg.1872. 22,037 

Holyoke.1873. 35,637 

Gloucester ..1873. 24,651 

Hewtcn.1873. 24^379 

Malden.1881. 23,031 

l^J'ockton.1881. 27,294 

Northampton.1883 .... . 14,990 












EDUCATION. 


51 


INCORPORATED. POPULATION. 

Waltham.1884. 18,707 

Woburn . 1888. 13,499 

Quincy.1888.16.723 

Marlboro.1890 ..... 13,805 

Pittsfield.1890. 17,281 

Chicopee.1890.14,050 


- »04 - 

CHAPTER XI. 

EDUCATION. 

The people of the Commonwealth of Massachusetts 
have always been foremost in regard to education. 

The town of Boston took measures for establishing: a 
school in 1635. 

Harvard College was founded in 1636. ’ Charlestown 
agreed with a schoolmaster to keep a school in the same 
year. Salem did the same, though perhaps a year later. 

Dorchester levied the first tax for the support of a 
public school in 1639. She also appointed the first 
school committee in America in 1645. 

Prior to 1650 schools were established in all the towns 
in the two colonies of Plymouth and Massachusetts Bay. 

In 1647 the General Court passed an “order” that 
every township of fifty householders should appoint one 
“to teach all children as shall resort to him to write 
and read.” 

This order further directed that any town which had 
one hundred families should “set up a grammar school, 
the master thereof being able to instruct youth so far 
as they may be fitted for the University.” 













52 CIVIL GOVERNMENT OE MASSACHUSETTS. 

Thus it was that in less than a score of years from 
the first landing upon the shores of the bay, there had 
been planted a large number of towns, each “having a 
government wisely adapted to its needs ; and all bound 
together by the strong bonds of a vigorous central gov¬ 
ernment of their own creation, and administered for the 
common good, while the meeting-house and the school- 
house in every township, and ‘ye Universitie ’ at Cam¬ 
bridge, were all working together ‘for the building up 
of hopeful youths in a way of learning . . . for the 
service of the country in future times.’ ” ^ 

These early schools were largely preparatory schools 
to fit for the college at Cambridge. 

Davie schools, as they were called, for the younger 
children, were established at an early date. Thus the 
school system grew up until a schoolhouse had been 
built, and a public school was supported at the expense 
of the town in every village, hamlet, and rural neigh¬ 
borhood in the state. 

School Districts. — Every town was divided into dis¬ 
tricts , and each district was a distinct and separate 
corporation, with power to levy a tax for building a 
schoolhouse, and keeping it furnished with fuel and 
other necessary supplies, while the town paid the teacher. 
This district system has been abolished, so that now 
every town through its school committee establishes 
and maintains schools in all parts of its territory, all 
of these schools being subject to the same rules and 
regulations, and their teachers employed by the same 
committee. 

1 Governor Hopkins, quoted by Hon. Joseph White in the Report of the 
Secretary of the Board of Education, 1876, p. 119. 


EDUCATION. 


53 


The Town System. — The present system of public 
education has been a growth, and, as we have seen, took 
its start two and a half centuries ago, at the very time 
the colonies were planted. The spirit of the people 
tended strongly to democratic institutions. The town 
was an important element in government, and the school 
was largely the child of each town. Thus it came within 
close touch of the people, and was not a central institu¬ 
tion controlled by a dominating general government, over 
which the people of each small locality had no control. 

The institution thus became very dear to the people, 
as it also became of great influence upon them. It has 
so happened, therefore, that the schools have remained 
to this day largely under the direct control of the towns 
individually. Every town must, by law, appoint its 
school committee; and this committee has the general 
care of the schools. 

School Committees. — These officers may be either 
men or women. The number of the committee must 
be three or a multiple of three ; and they are chosen for 
three years, one-third of the number being elected every 
year. This committee selects and contracts with the 
teachers. They “ shall require full and satisfactory evi¬ 
dence of the good moral character of all teachers, and 
shall ascertain, by personal examination, their qualifica¬ 
tions for teaching and their capacity for the government 
of schools.” This power of selecting and contracting 
with the teachers “ includes the power to fix the com¬ 
pensation to be paid them, and to bind the town to pay 
the same.” ^ 

1 This and other quotations of a similar sort are made from Herrick’s 
“ Town Officers,” published by Little, Brown & Co., Boston. 


54 CIVIL GOVERNMENT OF MASSACHUSETTS. 


Dismissal of Teachers. — “ The school committee 
may, when they think proper, dismiss any teacher from 
employment; and such teacher shall receive no compen¬ 
sation for services rendered after such dismissal, and a 
teacher so dismissed can recover only that portion of the 
salary due at the time of such dismissal, even if under 
an annual salary payable at stated periods of time.” ^ 
School-books. — “ The school committee shall direct 
what books shall be used in the public schools, and shall 
prescribe ... a course of study. 

“ The school committee shall require the daily reading 
in the public schools of some portion of the Bible, with¬ 
out written note or oral comment ; but they shall not 
require a scholar, whose parent or guardian informs the 
teacher in writing that he has conscientious scruples 
against it, to read from any particular version, or to 
take any personal part in the reading; nor shall they 
direct to be purchased or used in the public schools 
school-books calculated to favor the tenets of any par¬ 
ticular sect of Christians. 

“ The school committee of every town and city shall 
purchase, at the expense of such town or city, text-books 
and other school supplies used in the public schools ; 
and said text-books and supplies shall be loaned to the 
pupils of said public schools free of charge, subject to 
such rules and regulations as to care and custody as the 
school committee may prescribe.” ^ 

Supervision. — Any city or town may require the 
school committee to appoint a superintendent of schools, 
who, under the direction and control of such committee, 
shall have the care and supervision of the schools. 


1 Revised Statutes. 


EDUCATION-. 


55 


A recent law provides for two or more towns employ¬ 
ing a superintendent for the schools of those towns as 
a joint district. 

It will readily appear by the above-mentioned provis¬ 
ions of state law that, although the care of these schools 
is largely in the hands of the school committees of the 
several towns and cities, the state by wise and careful 
legislation directs these committees and the towns, and 
guides and controls them in their management of the 
schools in such a manner as to make a complete state 
system of public free schools. 

State Control. —The money for the support of these 
schools is raised principally by taxation in the several 
towns ; but they are all under the direction and control 
of the state, which distributes annually to the towns 
large sums of money from the school fund and the state 
treasury, and which maintains a supervisory control over 
them by means of its state board of education. 

State Board of Education. — This board consists of 
the governor and lieutenant-governor, ex officiis, and 
eight members, one to be appointed annually by the 
governor and council. Each member serves eight years. 

Secretary of the Board. — The board elects a secre¬ 
tary, who devotes his whole time to the improvement of 
the schools and-the educational system of the state. 
This state has been fortunate in the character and abil¬ 
ity of the incumbents of this important office. The 
office was established in 1837; and during more than 
half a century of continuous service, only five men have 
held that office, as follows : — 


Horace Mann 
Barnas Sears 


1837-48 

1848-55 




56 CIVIL GOVERNMENT OF MASSACHUSETTS. 


George S. Boutvvell . . ^ .1855-61 

Joseph White.1861-77 

John W. Dickinson.1877- 


Agents of the Board. —The board employs six 
agents, who devote their whole time to visiting schools, 
lecturing upon educational subjects, holding teachers’ 
institutes, and, in whatever way they can, elevating the 
schools and the methods of instruction. 

Normal Schools. — The first state normal school, for 
the training of teachers, was opened in Lexington, July 
3, 1839. 1^44 it was removed to West Newton, and 

to Framingham in 1853, where it has been in continu¬ 
ous operation till the present time. The second normal 
school established by the state was begun at Barre, Sep¬ 
tember 4, 1839, orily two months after the opening of 
that at Lexington. Its removal to Westfield was ordered 
in 1853, and it was re-opened in that town the next year. 
It has been maintained there till the present time. The 
third of these schools was established at Bridgewater in 
1840, where it still remains. The fourth was opened at 
Salem in 1854, and the fifth at Worcester in 1874. A 
State Normal Art School was established in Boston in 
1873. In these different schools have been educated 
about ten thousand young teachers, one-half of the 
number having completed the course of instruction 
before going out to teach in the schools in the state. 

At the present time more than one-third, nearly one- 
half, of the entire number of public school teachers in 
the state were to some extent educated in these normal 
schools. 

The schools at Framingham and Salem are for women 
only. Those at Westfield, Bridgewater, and Worcester 





EDUCATION. 


57 


are for men and women. The Normal Art School is 
open for both sexes. These schools have exerted a great 
influence in elevating public education in the state. 

Academies. — The beginning of educational work in 
this state, as elsewhere, was from above downward. 
The college and the academy came first and the com¬ 
mon school afterwards. Academies were planted here 
and there at an early day. 

Prior to the year 1800 nineteen academies had been 
incorporated by the General Court. Seventy-six others 
were incorporated between 1800 and 1850. More than 
one hundred academies have been incorporated in this 
state within the last one hundred years. Since the 
public high school began to flourish, it has taken the 
place of the academy in many towns, so that only about 
fifty of these academies at this time continue in opera¬ 
tion. These institutions now have connected with them 
nearly or quite five thousand pupils, and from them have 
been graduated in all the years since their organization 
not less than thirteen thousand pupils. 

Phillips Academy at Andover; Williston Seminary, 
Easthampton ; Chauncy Hall, Boston ; Wilbraham Acad¬ 
emy ; Monson Academy; Adams Academy; Thayer 
Academy ; Roxbury Latin ; Lawrence Academy ; Abbot 
Female Academy; Worcester Academy; Mt. Holyoke 
Seminary; Wheaton Seminary; Putnam Free School; 
Lasell Seminary ; Cushing Academy ; Dean Academy ; 
and many others, have made an honorable reputation for 
themselves and for the state. 

Public High Schools. — In the first two centuries 
education at public expense had rarely extended beyond 
the common English branches. In 1826 an act, passed 


58 CIVIL GOVERNMENT OF MASSACHUSETTS. 

by the General Court, made provision “for the free 
education of every child in the commonwealth in the 
most common and essential branches of learning” ; and 
it also provided that besides these schools, one of a 
higher order should “ be kept in every town of five hun¬ 
dred families for the benefit of all the inhabitants of the 
town,” in which, at public expense, a higher education 
could be obtained, especially in the Latin language and 
the mathematics, by way of a preparation for college 
and in the natural sciences and other studies, in prepara¬ 
tion for the higher walks of business life. This law 
required also that in every town containing four thou¬ 
sand inhabitants the teacher should be qualified to give 
instruction in the Greek and French languages and 
other higher studies. 

More than two hundred cities and towns now have 
public high schools, although nearly one-fourth of them 
are not obliged by law to maintain them. In these high 
schools there are at the present time nearly twenty-five 
thousand pupils. 

Colleges. — The oldest college in the United States 
is Harvard University in this state. It includes the 
college proper and several professional schools. Massa¬ 
chusetts has, at the present time, eleven colleges, besides 
various professional schools. She has not only the old¬ 
est, but also one of the youngest universities; namely, 
Clark University, recently founded at Worcester. The 
colleges of this state are the following : — 


CHARTERED. 

Harvard College ..1650 

Williams College.17^3 

Amherst College.1825 

Tufts College.1852 






EDUCATION. 


59 


Massachusetts Agricultural College 

Boston College. 

College of the Holy Cross . . . 

Boston University. 

Wellesley College (women) 

Smith College (women) .... 
Clark University. 


CHARTERED. 

• IS63 

• 1863 

. 1865 

, 1869 

. 1870 

1871 
. 1887 


The Massachusetts Institute of Technology, though 
properly not considered a college, is a higher institution 
of learning of similar rank, and was chartered in 1861. 
The Worcester Polytechnic Institute is a school of simi¬ 
lar grade, and was incorporated in 1865. 

Nearly all of these institutions have numerous free 
scholarships. These colleges have now about three 
thousand students connected with them, and the num¬ 
ber is increasing every year. 

The educational system of Massachusetts is one of 
her distinguishing characteristics. Her people are in¬ 
telligent, thrifty, and enterprising. Her schools and 
colleges are constantly growing and improving. The 
prosperity of the commonwealth is largely dependent 
upon the high character of these institutions. 

On the other hand, her citizens, having received a 
rich inheritance from the past, are in duty bound to 
make the greatest improvement possible in her schools 
and other educational institutions for the benefit of the 
generations to come. 








6o CIVIL GOVERNMENT OF MASSACHUSETTS. 


CHAPTER XII. 

THE AUSTRALIAN BALLOT LAW. 

Objects of the Law. — The General Court, during 
the session of 1888, passed an act, approved May 29, 
1888, which has gone by the name of the “Australian 
Ballot ” law. It went into effect at the state election, 
November, 1889. The objects of the law were : — 

1. To furnish a more secret ballot; 

2. To diminish bribery and intimidation; 

3. To lessen the opportunities for fraud; 

4. To remove an item of expense from the candidates for office; 
and in general 

5. To dignify the process of voting. 

Official Ballots. — The ballots to be used at state 
elections, at which are elected all national, state, dis¬ 
trict, and county officers, are furnished by the secre¬ 
tary of the commonwealth, at the expense of the state, 
and the ballots for city elections, by the city clerks, at 
the expense of the city. The law does not affect the 
election of town officers. The ballots are folded, and 
have printed upon the back, when folded, the voting- 
place, the date of the election, and a fac-simile of the 
signature of the secretary of the commonwealth, or of 
the city clerk, as the case may be. 

Contents of the Ballots. — Each ballot contains an 
alphabetical list of all candidates properly nominated 
for office, giving the names and residences, how and by 
whom nominated; and leaving, after the nominations 


THE AUSTRAUAN BALLOT LAW. 


6l 


for each office, as many blank spaces as there are per¬ 
sons to be elected to that office. The object of these 
blank spaces is that voters may have full opportunity to 
vote for any person or persons he pleases, for every 
office, whether nominated or not. 

Furnishing the State Ballots. — Two sets of ballots 
are printed, each set containing about twice as many 
ballots as there are voters at that particular precinct, 
and both sets are sent in different ways to the city or 
town clerk. One set is furnished by the clerk to the 
officer in charge of the polls of that voting district, 
sealed, and its seal is publicly broken and the package 
is opened by him, at the opening of the polls. The 
other package is kept by the clerk, ready for use, if 
occasion should demand. 

Nominations. — Only such names are placed on the 
ballot as are properly nominated, in accordance with 
the law. These nominations are made either by a 
party caucus or convention, legally held, or by nomina¬ 
tion papers signed by the requisite number of legal 
voters. For state officers all nominations must be 
made and reported to the secretary of state more than 
fourteen days before the election; and in city elec¬ 
tions all nominations for mayor and aldermen must be 
received by the city clerk more than ten days, and 
for other city officers more than six days, before the 
election. 

Voting-shelves. — The voter must prepare his ballot 
for voting at a shelf, so arranged that he may con¬ 
veniently mark the ballot and in marking be screened 
from the observation of others. There must be a suffi¬ 
cient number of these shelves, — not less than three in 


62 CIVIL GOVERNMENT OF MASSACHUSEITTS. 


a town precinct, nor less than ten in a city precinct. 
The shelves are behind a guard rail, which is at least 
six feet from the shelves and the ballot box. Behind 
this rail only the election officers and as many voters as 
there are shelves, are allowed to go. 

Marking the Ballot. — The voter is allowed to pass 
behind the guard rail only after the officer has found his 
name on the check list and has given him a ballot, prop¬ 
erly folded. He takes this ballot to the shelf, opens it, 
and prepares it by marking a cross (X) opposite the 
name of the candidate of his choice for each office to 
be filled, or by filling in the name of a candidate in the 
blank space, and marking the cross opposite the name 
so filled in. Before leaving the shelf, he folds his ballot 
in the same way it was folded when he received it, not 
exposing the marks he has made, then goes to the bal¬ 
lot box and there deposits it, after his name has been 
checked by the officer. 

Above each set of officers is plainly printed, Vote 
for One,” or “Vote for Eight,” or whatever the number 
be to be voted for. In the sample city ballot given be¬ 
low, there are eight school committee-men to be voted 
for. If a voter should by mistake make the cross after 
nine names, he thereby vitiates his vote for school com¬ 
mittee, and his vote for these officers will be thrown 
out. If, however, he sees his mistake, he can take his 
ballot back to the officer in charge and exchange it 
for a fresh ballot, which he will proceed to mark and 
deposit. 

The ballot below is a copy made to correspond, as 
nearly as possible upon this page, to the real ballot used 
in the state election, in November, 1890. 


To vote for a Person, mark a cross X in the Square at the right of the name. X 


1 Governor . Vote for One. 

1 John Blackmer — of Springfield — 

J 

IjohnQ. A. Brackett — of Arlington 

J 

1 William E. Russell — of Cambridge 

X 



1 Lieutenant-Governor . . Vote for One. 

1 John W. Corcoran — of Clinton .... 

. 


1 William H. Haile — of Springfield.. 

X 

1 George Kempton — of Sharon. 




1 Secretary . Vote for One. 

1 George D. Crittenden — of Buckland 


1 Elhridge Cushman — of Lakeville .. 


1 William M. Olin — of Boston ...... 

X 



1 Treasurer and Receiver-General. 

1 Vote for One. 

1 William H. Gleason — of Boston ... 


1 George A. Harden — of Lowell. .... 

X 

lEdwinL.Munn — of Holyoke ..... 




1 Auditor . Vote for One. 

1 Charles R. Ladd — of Spnngheid.. . 

1.Republican Voters’ Nom. Paper 


1 Augustus R. Smith — of Lee 

1 . Prohibition 


1 William D. T. Trefry — of Marble- 

1 head . Democratic 

X 



i Attorney-General .Vote for One. 

1 Wolcott Hamlin — of Amher.st..... 


1 Elisha B. Maynard — of Springfield 
1 . Democratic 


1 Albert E. Pillshury — of Boston... 

X 




Representative in Congress. 

Third District. Vote for One. 


. Democratic 


X 


Prohibition 


. Republican 


Councillor — Second District. 

Vote for One. 


. Democratic 


Prohibition 


. Republican 


X 


Senator — Ninth Suffolk District. 

Vote for One. 


Wellington P. Kidder — of Boston. 
.Prohibition 


Winthrop M. Merrill — of Boston. 
.Democratic 


William H. West — of Boston ..... 
.Republican 


Representatives in General Court. 
Twenty-fourth Suffolk District. 

Vote for Two 


Frederick W. Bliss — of Boston ... 
.Republican 


X 


Louis M. Clark — of Boston- .... 

..Republican 


X 


John E. Galvin — of Boston.. . 

.Democratic 


William U. Swan — of Boston..... 
.Democratic 


To vote on the following, mark a 
Cross in the square at the right of 
YES or NO in each case : — 


Amendment to the constitution 
to prevent the disfranchisement 
of voters because of a change of 
residence within the Common¬ 
wealth. _ 

Amendment to the constitution 
relative to soldiers and sailors 
exercising the right of franchise. 


YES 


X 


NO 


YES X 


NO 


63 





























































































































































































64 CIVIL GOVERNMENT OF MASSACHUSETTS. 

On’the back of this ballot was the following endorse¬ 
ment : — 


“OFFICIAL BALLOT 

FOR 

PRECINCT 15, WARD 24, BOSTON, 

November 4, 1890. 

(Signed) 

Secretary of the Commonwealth." 

On these two ballots the names of candidates elected 
are crossed, to show more clearly to the pupil how the 
voter prepares his ballot. 

The ballot below is a copy of ^the official ballot used 
in the same precinct, in the city election, December, 
1890. It had a similar endorsement upon the back, as 
follows : — 

“OFFICIAL BALLOT 

FOR 

PRECINCT 15, WARD 24, BOSTON, 

December 9, 1890. 

(Signed) 




City Clerk." 


To Vote for a Person, mark a Cross X in the Square at the right of the Party name. 


For Mayor. Vote for One. 

Frank E. Dimick, 225 Lexington Street - 

Independent Women Nom. Paper, Loyal 
Women Nom. Paper, Committee One Hun¬ 
dred Nom. Paper, Independent Women Vot¬ 
ers, Prohibition, Republican. 


Nathan Matthews, Jr. , 456 Beacon 
Street.Democratic 

X 

Moody Merrill, Harold Street. 

... .Citizens’ Nom. Paper, Republican 


James E. Dorsey, 165 Harrison Avenue .... 


Samuel B. Shapleigh, Allston 
Heights •.Prohibition 


Edward H. Dunn, Hotel Hamilton. 




Independent Women Nom. Paper, Loyal 
Women Nom. Paper, Committee One Hun¬ 
dred Nom. Paper, Independent Women Vot¬ 
ers, Prohibition. 

For Street Commissioner. 

Vote for One. 

William A. Dunn, 60 Chambers Street . 

X 

Hugh E. Brady, 106 Chelsea Street. 

X 


Russell D. Elliott, 154 Richmond Street - 

Independent Women Nom. Paper, Loyal 
Women Nom. Paper, Committee One Hun¬ 
dred Nom. Paper, Independent Women Vot¬ 
ers, Prohibition, Republican. 

X 


Richard W. Cone, 12 Union Park.. 




For Alderman. Vote for One. 

Emily A. Fifield, 4 Ashland Street . 

Independent Women Nom. Paper, Loyal 
Women Nom. Paper, Committee One Hun¬ 
dred Nom. Paper, Independent Women Vot¬ 
ers, Prohibition, Republican. 

X 

Herbert S. Carruth, 10 Beaumont 
Street. .Citizens’ Nom. Paper, Dem¬ 
ocratic. 

X 


Charles M. Greeu, 78 Marlboro Street...... 

X 

Rial B. Simonds, 2 Midland Street. 


Charles A. Young, Blue Hill Avenue 


John P. Hilton, 39 Monument Avenue . 

Independent Women Nom. Paper, Loyal 
Women Nom. Paper, Committee One Hun¬ 
dred Nom. Paper, Independent Women Vot- 
ters. Prohibition, Republican. 




For Common Council. Vote for Three. 

Samuel R. Kelley, 201 West Chester Park . . 


Joseph H. Beale, Jr., 550 Washing¬ 
ton Street. . . .Citizens’ Nom. Paper, 
Democratic. 


James A. McDonald, 116 Main Street — . . 

X 

William A. Mowry, Sanborn Avenue. 

Independent Women Nom. Paper, Loyal 
Women Nom. Paper, Committee One Hun¬ 
dred Nom. Paper, Independent Women Vot¬ 
ers, Prohibition, Republican. 

X 

Charles E. Folsom, Jr. , 38 Ronisey 
Street - .Democratic, Republican 

X 

Walter L. Hayes, Cor. Savin Hill 

Ave. and Auckland St . Citizens’ 

Independent Nom. Paper. 

X 

James S. Murphy, 92 Walnut Avenue . 

X 

James B. Light, Plain Street . ... 


Thomas W. Proctor, 48 Green Street — 


Thomas F. Thompson, 72 Edson 
Street. .Citizen’ Nom. Paper, Demo¬ 
cratic. 


George R. Swasey, 308 West Chester Park. 


TTi-pH TT VnitTur 0 Orpjjii .... 

X 



Arthur W. Tufts, 145 Walnut Avenue . 

Independent Women Nom. Paper, Loyal 
Women Nom. Paper, Committee One Hun¬ 
dred Nom. Paper, Independent Women Vot¬ 
ers, Prohibition. 









1 

1 

For School Committee, Vote for Eight. 

1 

1 

Choate Burnham, 308 W. Broadway 
Independent Women Nom. Paper, 
Loyal Women Nom. Paper, Commit¬ 
tee One Hundred Nom. Paper. Inde¬ 
pendent Women Voters, Prohibition, 
Republican. 



1 

1 



1 

1 

Mark a Cross in the Square at the right of the 
answer you wish to give. 

Charles H. Churchill, 19 Cobb Street 


Simon Davis, 277 Beacon Street - I 

Shall Licenses be granted for the Sale YES 1 X 



of Intoxicating Liquors in this City? | 



65 






















































































































































INDEX. 


-♦o^- 


Academies, 57. 

Adoption of a state constitution, 23. 
Agents of Board of Education, 56. 
Aldermen, 49. 

Assessors of taxes, 41. 

Bloody Brook, 12. 

Board of Education, State, 55. 
Books, school, 54. 

Boston Massacre, 17. 

Boston, settlement at, 7. 

Boston Tea-Party, 18. 

British troops in Boston, 18. 
Bunker Hill, battle of, 20. 

Charter forfeited, 9. 

Cities in this state, 50. 

City charters, 45. 

City Council, 46. 

City government, 44. 

City officers, 47. 

City officers, duties of, 48. 

City wards, 46. 

Clerk, town, 40. 

Clerks of courts, 34. 

Collector of taxes, 41. 

Colleges, 58. 

Committee of Correspondence, 17. 
Committees, school, 53. 

Compact, the, 5. 

Confederation, New Bingland, ii. 
Constable, 41. 


Constitutional Convention, 24. 
Constitution adopted, 23. 
Constitution, first proposed, 23. 
Constitution, opposition to, 24. 
Contents of the ballots, 60. 
Continental Congress, 19. 
Continental Congress, Second, 20. 
Convention of 1853, 25. 
Convention, Massachusetts, 17. 
Council, Governor’s, 30. 

County commissioners, 36. 

County governments, 35. 

County officers, 36. 

County treasurer, 37. 

Death of Philip, 13. 

Declaration of Independence, 21. 
Dismissal of teachers, 54. 

District attorneys, 33. 

District courts, 33. 

Districts, school, 52. 

Duties of city officers, 48. 

Education, 51. 

Education, State Board of, 55. 
Executive officers, 30. 

Executive power, 29. 

Fence-viewers, 43. 

Field-drivers, 42. 
height, Swamp, 12. 


66 





INDEX. 


6 ; 


French War, 14. 

Furnishing the state ballot, 61. 

(leneral Court, 28. 

Cjetting ready for independence, 

15- 

(Government, town, 38. 

(Governor, 29. 

CGovernor, duties and powers of, 29. 
Governor’s Council, 30. 

High schools, 57, 

Highways, surveyors of, 42. 

House of Representatives, 28. 

Independence, Declaration of, 21. 
Independence, getting ready for, 

15- 

Indians, relations with, 10. 

Judiciary power, 31. 

King Philip’s War, 12. 

Leaders, the Massachusetts patriot, 

15 - 

Legislative department, 26. 
Libraries, public trustees of, 44. 
Lieutenant-governor, 30. 
Lieutenant-governor, powers and 
duties of, 30. 

Losses in King Philip’s War, 13. 

Marking the ballot, 62. 
Massachusetts charter, 9. 
Massachusetts Convention, 17. 
Massachusetts patriot leaders, 15. 
Massachusetts Provincial Congress, 
19 - 

Massacre, Boston, 17. 

Mayor, 48. 


Moderator, 39. 

Municipal courts, 32. 

New England Confederation, ii. 
Nominations, 61. 

Normal schools, 56. 

Objects of Australian ballot law, 60. 
Officers of the city, 47. 

Officers, town, 38. 

Official ballots, 60. 

Opposition to the constitution, 24. 
Overseers of the poor, 42. 

Part the First, Constitution, 27. 

Part the Second, Constitution, 27. 
Patriot leaders, Massachusetts, 15. 
Pequot War, 11. 

Philip, death of, 13. 

Philip’s War, 12. 

Philip’s War, losses in, 13. 

Pierce’s fight, 13. 

Pilgrims, the, 5. 

Plymouth patent, the, 8. 

Poor, overseers of the, 42. 

Police courts, 32. 

Probate courts, 32. 

Problem before the people, 22, 
Provinces, United, 10. 

Provincial Congress, Massachusetts, 
19 - 

Public high schools, 57. 

Public libraries, trustees of, 44. 
Puritans, the, 6. 

Rallying after Philip’s War, 14. 
Registrar of deeds, 37. 

Registrar of probate and insol¬ 
vency, 38. - 

Relations with the Indians, 10. 
Reporter, 34. 




68 


INDEX. 


Representatives, House of, 28. 
I\evenue Bill, 16. 

Revolutionary War, 21, 

Salaries of state officials, 34, 

Salem, settlement of, 6. 
School-books, 54. 

School committees, 53. 

School districts, 52. 

Schools established by colonial 
law, 8. 

Schools, state control of, 55. 
Schools, the first, 7. 

Second Continental Congress, 20. 
Secretary of Board of Education, 55. 
Selectmen, 40. 

Senate, 28. 

Sheriff, 37, 

Stamp Act, 16. 

State Board of Education, 55. 

State control of schools, 55. 

State constitution, adoption of, 22. 
State elections, 34. 

State government, 26. 


Supreme Court, 31. 

Supervision of schools, 54. 
Surveyors of highways, 42. 

Swamp fight, 12, 

Taxes, assessors of, 41. 

Teachers, dismissal of, 54. 
Tea-Tarty, Boston, 18. 

Town clerk, 40. 

Town government, 38. 
Town-meeting, the New England, 7. 
Town officers, 38. 

Town system of schools, 53. 

Town treasurer, 40. 

Trial justice courts, 33. 

Troops, British, in Boston, 18. 
Trustees of public libraries, 44. 

United Provinces, 10. 

Voting-shelves, 61. 

War, King Philip’s, 12. 

Wards, city, 46. 

Washington takes command, 21, 


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